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RES 441 Draft 01 2022-2024
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RES 441 Draft 01 2022-2024
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Last modified
3/15/2024 2:14:22 PM
Creation date
2/9/2024 8:42:19 AM
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Template:
Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2022-2024
Bill/Resolution
441
Draft
01
Introducer
Cindy Evans, Council Member
Referred To
GOEAC
Action 1
Council: Res. 441-24 amended to Draft 2 - 03/06/24
Document Relationships
AGE COUNCIL 2024-03-06 2022-2024
(Related To)
Path:
\Council Records\Agendas\2022-2024\Council
AGE GOEAC 2024/02/20 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Governmental Operations and External Affairs Committee (GOEAC)
COM 0732.000 2022-2024
(Related)
Path:
\Council Records\Communications\2022-2024
REP GOEAC 111 2024/02/20 (2022-2024)
(Related)
Path:
\Council Records\Reports\2022-2024\Governmental Operations and External Affairs Committee (GOEAC)
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36. If the DOH issues any order(s) to Respondent under state authorities which address any <br /> of the facilities or matters covered by this Order, Respondent shall comply with the DOH <br /> order(s), in addition to this Order. <br /> 37. If Respondent believes there to be a conflict between the requirements of this Order <br /> and a DOH order, or any specific directions provided by the EPA or DOH to Respondent <br /> regarding implementation of any order, Respondent shall immediately notify the EPA and DOH <br /> of the apparent conflict and, as appropriate, request clarification from the agencies or suggest <br /> steps to address the requirements of the orders. Respondent shall comply with the EPA's <br /> directions for resolving the potential conflict between this Order and any DOH order. <br /> 38.The EPA will use its best efforts to provide technical assistance to Respondent in order <br /> to support Respondent in fulfilling the obligations required by this Order. <br /> VI. FINAL REPORT AND TERMINATION OF THE ORDER <br /> 39. Within ninety(90) calendar days after Respondent has fully completed and <br /> implemented the actions required by Section V of this Order, Respondent shall submit for the <br /> EPA's review and approval a final report(Final Report)that includes a description and timeline <br /> of all of actions which have been taken toward achieving compliance with this Order. <br /> 40. If the EPA determines that all the requirements of this Order have been completed and <br /> implemented in accordance with this Order,the EPA will provide notice to Respondent and this <br /> Order shall be deemed terminated. <br /> 41. If the EPA determines that any requirement has not been completed and implemented <br /> in accordance with this Order,the EPA will notify Respondent, provide a list of deficiencies, and <br /> require Respondent to modify its actions as appropriate to correct such deficiencies. If so <br /> required, Respondent shall implement the modified requirement(s) and submit a modified Final <br /> Report. Should Respondent disagree with the EPA's list of deficiencies or required corrections, <br /> the parties shall engage in informal negotiations. If Respondent continues to disagree with the <br /> EPA, Respondent may invoke the Dispute Resolution process set forth in Section VIII of this <br /> Order. <br /> VII. SUBMISSIONS AND RECORD RETENTION <br /> 42. Respondent shall submit all written communications, including the Final Report, <br /> electronically in a format that allows them to be searchable by key word. Respondent shall send <br /> all submittals to the following e-mail addresses.The EPA will inform Respondent of any changes <br /> to the designated notice recipients. Submissions will be deemed made on the date they are <br /> sent electronically. <br /> As to the EPA: <br /> John Tinger, Enforcement and Compliance Assurance Division, US EPA. <br /> Tinger.John@epa.gov <br /> In re County of Hawai'i, Docket No. CWA-309(a)-24-003 Page 12 of 17 <br />
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